Seven-person HMO at 16 Munster Road, Portsmouth

What was proposed

The application sought to change a dwelling into a seven-bedroom, seven-person house in multiple occupation, with extensions and a rear bike store.

“CHANGE OF USE FROM DWELLINGHOUSE (CLASS C3) TO A 7-BED/7-PERSON HOUSE IN MULTIPLE OCCUPATION (SUI GENERIS)”

“The proposal is for the change of use of the property from a dwellinghouse (Class C3) to an 7 Bedroom - 7 Person House in Multiple Occupation (Sui Generis).”

Officer report

The site

The site is a mid-terraced home on a short one-way residential street, about 210 metres from shops, services and bus routes.

“The application site is Munster Road, in Nelson Ward. Munster Road is a short residential street which connects London Road at the east to Gladys Avenue to the west. It is a one-way road, from west to east. The street is characterised by terraced residential dwellings of approximately late 19 th century construction. The application site is a mid terraced dwelling.”

“The site is approximately 210 m from London Road Local Centre, where there are a range of shops, leisure, employment and services, and local buses. London Road has a wide variety of amenities and transport links. The site is approximately 1.8km from Hilsea rail station. Nearby recreation includes Stamshaw Park and the Mountbatten Centre…”

Officer report

Officers’ recommendation

Officers recommended conditional permission, subject to an agreement securing mitigation for recreational disturbance and nitrates affecting Solent protection areas.

“Planning & Economic Growth to Grant Conditional Permission subject to satisfactory completion of a legal agreement to secure:”

“(a) the mitigation of the impact of the proposed residential development on Solent Special Protection Areas (recreational disturbance and nitrates) by securing the payment of a financial contribution and relevant conditions (below);”

Officer report

Officers’ assessment

Officers found the HMO concentration, accommodation, neighbouring amenity, parking, waste and accessibility impacts acceptable, with cycle storage secured by condition.

“As well as the matter of mixed and balanced communities discussed above, further details concerning neighbouring amenity are contained within PCS20 and the SPD. The SPD seeks to ensure that the amenity and standard of living environment of neighbours and local occupiers is protected.”

“The Council's Adopted Parking Standards set out an expectation for Sui Generis HMOs of this size to provide space for the storage of 4 bicycles. The application proposes a bike store be provided in the rear garden, this will be secured by condition. With this the scheme complies with Policy PCS17.”

Officer report

Consultation responses

The highways and private sector housing teams raised no objections, subject to cycle storage for the proposed use.

“No objection. Not considered that the size of the development would materially impact the function of the highway or result in unacceptable safety impacts, considering the current lawful use. A suitably worded condition should be attached to secure the storage of cycles for the new lawful use.”

“No objection. There is suitable living space for the proposed number of occupants. The property would likely require a licence under Part 2, Housing Act 2004.”

Officer report

Objections received

Twenty-six representations opposed the proposal, citing parking, noise, waste, overdevelopment, privacy, community character and local service pressures.

“Parking pressure, with parking shortages on Munster Road and the surrounds and the concerns that up to 14 occupants could all bring vehicles. • Amenity concerns through the increase in noise and disturbance • Waste issues through fly tipping and overflowing bins, litter etc • Overdevelopment of the site through the large extensions. This would impact on privacy and light on surrounding properties.”

Officer report

Who spoke

[name withheld] spoke against the proposal, and Richard Adair’s opposing statement was read on his behalf.

Members’ debate

Members focused on the half-space parking shortfall and possible effects on highway safety and residential amenity, despite officers’ appeal advice.

“Members' Comments Members raised an issue in relation to the car parking shortfall against the agreed standards. This would have an effect on highway safety and residential amenity with cars circulating around looking for a parking space which may increase the danger to pedestrians as a result.”

“Officers drew to Members' attention an appeal decision from 2021 regarding an HMO in Twyford Avenue which had specifically addressed the issue of a shortfall of half a parking space. They advised that the planning inspector did not support the reasons for refusal and concluded that there had been no evidence of harm that stemmed from the lack of half a space.”

Minutes

The committee’s decision

The committee refused permission contrary to the officer recommendation because of parking impacts and the absence of Solent protection mitigation.

“DECISION RESOLVED to refuse to grant planning permission contrary to officer recommendation for the following reasons:”

“No mitigation for the effects on the Solent Special Protection Areas (recreational disturbance and nitrates).”

Minutes